Answer By law4u team
No. A person cannot legally marry again through a court marriage if their first marriage is still legally valid and has not been dissolved by a competent court or otherwise ended in accordance with the applicable law (for example, by the death of the spouse). Under the Special Marriage Act, 1954, one of the essential conditions for a valid court marriage is that neither party should have a living spouse at the time of the marriage. If a person marries again while the first marriage is still subsisting: The second marriage may be void under the applicable law. The person may face criminal liability for bigamy if the ingredients of the offence are satisfied under the Bharatiya Nyaya Sanhita, 2023 (BNS), subject to the applicable personal law. A Marriage Officer is required to verify that both parties are legally eligible to marry. If it is found that either party already has a living spouse, the Marriage Officer can refuse to solemnize the marriage. Submitting false declarations or forged documents to conceal an existing marriage may result in additional criminal offences, such as forgery, cheating, or giving false information, depending on the facts of the case. A person can lawfully remarry only after: Obtaining a valid decree of divorce from a competent court, where required by law. The death of the spouse. Any other legally recognized mode of dissolution of the marriage under the applicable personal law. Exception: Certain personal laws may permit polygamy in limited circumstances. However, such persons cannot ordinarily solemnize a marriage under the Special Marriage Act while having a living spouse. The legal position depends on the applicable personal law and the statute under which the marriage is proposed to be solemnized.
